Nobody is condoning drinking and driving. Sometimes, however, normally law-abiding people have a momentarily lapse in judgment and get behind the wheel when they shouldn’t. According to the most recent statistics, about 23,000 people a year in Maryland are charged with a drunk driving related offense.
There’s no need to sugarcoat it: DUI’s aren’t very pleasant. They’re complicated, time-consuming and very expensive. The laws are designed to punish offenders and deter repeat infractions. However, there is one resource at everyone’s disposal which can help make the experience smoother: information.
DUI and DWI Distinctions
Maryland has several classifications of drunk driving offenses, based on the driver’s age and Blood Alcohol Content (BAC). If you’re under 21 years of age, you’ll be charged with a DUI if your BAC is .02% or higher. If your BAC is between .04% and .08%, you’ll be charged with the lesser offense of Driving While Intoxicated.
However, if you’re under the age of 21, you’ll be charged with a DUI if your BAC is .02% or higher. If you hold a Commercial Driver’s License, you’ll be charged with a DUI is your BAC is .04% or higher, regardless of your age.
Increasing Punishment for Each Offense
For a first offense, you’re looking at the possibility of up to one year in prison, as well as a fine of up to $1,000. These fines double (up to 2 years in prison, and fines of up to $2,000) if a minor was in the car when you were pulled over. In all cases, your license is suspended for 45 days minimum.
Driving While Intoxicated, while less severe, still carries pretty stiff penalties, even for a first offense. You could spend up to two months in jail, pay a fine of up to $500, and have your license suspended for at least 45 days.
For the second DUI offense, the penalties basically double. The possibilities of jail time extend up to two years, and the fines can reach $2,000. As in the first instance, fines increase if a minor was in your car – with up to three years of jail time, a fine of $3,000, and a minimum driver’s license suspension of one year.
A second DWI carries the same fine of up to $500, but in this case potential jail time can be up to one year. Additionally, your driver’s license will be suspended for a minimum of 60 days.
Much as the penalties double for the second offense, they triple for the third. Your third DUI results in the possibility of three years imprisonment and fine of $3,000. For a case where a minor was in the car, the potential jail time goes up to four years and the fine increases to $4,000. For any third offense, your driver’s license will be suspended for a minimum of 18 months.
Fines of $500 combined with up to a year in jail, plus a minimum of 60 days driver’s license suspension, is what you’re looking at with a third DWI.
Legal Ramifications can be Complicated
While there are minimum penalties in many cases, there is also some leeway, depending on your individual circumstances.
You have the right to an administrative hearing with the Maryland Motor Vehicle Administration. It’s important that you schedule this hearing within 10 days after your arrest, otherwise your license will automatically be suspended.
The drunk driving laws in Maryland apply equally across the state, from Baltimore to Annapolis and everywhere else. Additionally, they apply no matter which state issued your driver’s license, since Maryland participates in the Interstate Driver’s License Compact. This means any drunk driving offense you commit in Maryland will follow you to your home state.
How to Navigate the Court System
Maryland, with the inclusion of the DWI offense, places strong penalties on drunk drivers. While information can help understand what to expect, legally, navigating the court system on your own can be confusing.
Hiring an attorney experienced in Maryland DUI and DWI law is usually the best way you can help yourself. Sometimes, your DUI or DWI case can be pled down to a reckless driving charge, which is commonly known as a “wet reckless.” Additionally, an attorney can help you reduce charges and fines.
Everybody makes mistakes, and a DUI or DWI doesn’t need to ruin your life. Armed with information, you can deal with your charges and return to your normal life as fast as possible.